Arizona criminal charge
Indecent exposure in Arizona
Indecent exposure is a criminal offense under Arizona law, defined by A.R.S. § 13-1402. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-1402.
What is the penalty for indecent exposure in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Indecent exposure to a person 15 or older — Indecent exposure committed against a victim who is fifteen years of age or older, absent qualifying prior convictions.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Indecent exposure to a person 15 or older — Indecent exposure committed against a victim who is fifteen years of age or older, absent qualifying prior convictions.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Indecent exposure to a person 15 or older with prior convictions — Indecent exposure to a person fifteen or older when the defendant has two or more prior convictions under this section or one or more prior convictions under section 13-1406.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Indecent exposure to a person 15 or older with prior convictions — Indecent exposure to a person fifteen or older when the defendant has two or more prior convictions under this section or one or more prior convictions under section 13-1406.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Indecent exposure to a person under 15 — Indecent exposure committed against a victim who is under fifteen years of age.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Indecent exposure to a person under 15 — Indecent exposure committed against a victim who is under fifteen years of age.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Repeat felony indecent exposure/public sexual indecency to a minor under 15 — Felony conviction under this section where the defendant has two or more historical prior felony convictions under this section or section 13-1403 involving indecent exposure or public sexual indecency to a minor under fifteen years of age.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Repeat felony indecent exposure/public sexual indecency to a minor under 15 — Felony conviction under this section where the defendant has two or more historical prior felony convictions under this section or section 13-1403 involving indecent exposure or public sexual indecency to a minor under fifteen years of age.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to current.
How is indecent exposure classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Indecent exposure to a person 15 or older | Class 1 Misdemeanor | Indecent exposure committed against a victim who is fifteen years of age or older, absent qualifying prior convictions. | A.R.S. § 13-1402C |
| Indecent exposure to a person 15 or older with prior convictions | Class 6 Felony | Indecent exposure to a person fifteen or older when the defendant has two or more prior convictions under this section or one or more prior convictions under section 13-1406. | A.R.S. § 13-1402C |
| Indecent exposure to a person under 15 | Class 6 Felony | Indecent exposure committed against a victim who is under fifteen years of age. | A.R.S. § 13-1402C |
| Repeat felony indecent exposure/public sexual indecency to a minor under 15 | Class 3 Felony | Felony conviction under this section where the defendant has two or more historical prior felony convictions under this section or section 13-1403 involving indecent exposure or public sexual indecency to a minor under fifteen years of age. | A.R.S. § 13-1402D |
Common questions about indecent exposure in Arizona
Is indecent exposure a felony or a misdemeanor in Arizona?
It depends on the circumstances: indecent exposure ranges from a Class 1 Misdemeanor to a Class 3 Felony in Arizona under A.R.S. § 13-1402.
Indecent exposure to a person 15 or older: Class 1 Misdemeanor (A.R.S. § 13-1402C) · Indecent exposure to a person 15 or older with prior convictions: Class 6 Felony (A.R.S. § 13-1402C) · Indecent exposure to a person under 15: Class 6 Felony (A.R.S. § 13-1402C) · Repeat felony indecent exposure/public sexual indecency to a minor under 15: Class 3 Felony (A.R.S. § 13-1402D)
What are the penalties for indecent exposure in Arizona?
Which Arizona statute covers indecent exposure?
Indecent exposure is governed by A.R.S. § 13-1402 (Indecent exposure; exception; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.